123STA T . 2 896PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 usedforp r ima r yc are ser v ices wh e n paymen t s are avai l a b le for such services from other sources ( includin g under titles XVI II , XIX, and XXI of the S ocial Security A ct ).’ ’. (b) PROVIS IO N O FCA R ETH RO UG H M E M ORAN D UM OF U NDER - S T ANDING. — Section 2671 (a) ( 4 2 U.S.C. 30 0ff – 71(a)) is amended by stri k ing ‘ ‘(directly or through contracts)’’ and inserting ‘‘(directly or through contracts or memoranda of understanding)’’. SEC.12 . NATIO NA LH I V/ AI D S TESTIN G GOAL. Part E of title XXVI (42 U.S.C. 300ff– 8 1etse q .) is amended— (1) by redesignating section 2688 as section 268 9; and (2) by inserting after section 2687 the following
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‘SEC. 2 68 8. NATIONAL HIV/AIDS TESTING GOAL. ‘‘(a) IN G ENERA L .— N ot later than J anuary 1, 2010, the Sec- retary shall establish a national H IV / AI D S testing goal of 5 ,000,000 tests for HIV/AIDS annually through federally-supported HIV/AIDS prevention, treatment, and care programs, including programs under this title and other programs administered by the Centers for Disease Control and Prevention. ‘‘(b) ANNUAL R E P ORT.—Not later than January 1, 2011, and annually thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to Congress a report describing, with regard to the preceding 12- month reporting period— ‘‘(1) whether the testing goal described in subsection (a) has been met; ‘‘(2) the total number of individuals tested through feder- ally-supported and other HIV/AIDS prevention, treatment, and care programs in each State; ‘‘(3) the number of individuals who— ‘‘(A) prior to such 12-month period, were unaware of their HIV status; and ‘‘( B ) through federally-supported and other HIV/AIDS prevention, treatment, and care programs, were diagnosed and referred into treatment and care during such period; ‘‘(4) any barriers, including State laws and regulations, that the Secretary determines to be a barrier to meeting the testing goal described in subsection (a); ‘‘(5) the amount of funding the Secretary determines nec- essary to meet the annual testing goal in the following 12 months and the amount of F ederal funding e x pended to meet the testing goal in the prior 12-month period; and ‘‘(6) the most cost-effective strategies for identifying and diagnosing individuals who were unaware of their HIV status, including voluntary testing with pre-test counseling, routine screening including opt-out testing, partner counseling and referral services, and mass media campaigns. ‘‘(c) REVIE W OF PROGRAM EFFE C TIVENESS.—Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall submit a report to Congress based on a comprehensive review of each of the programs and activities con- ducted by the Centers for Disease Control and Prevention as part of the Domestic HIV/AIDS Prevention Activities, including the fol- lowing: ‘‘(1) The amount of funding provided for each program or activity. Reports.D e adlin es. 42USC30 0 f f –87 a. 42 USC 300ff–88.
